Does the Fireworks Industry Fall Under India's Environment Protection Act?

The fireworks industry in India, vibrant during festivals like Diwali, raises significant environmental concerns. Bursting crackers contributes to air and noise pollution, prompting questions about regulatory oversight. A common query is: Does the fireworks industry come under the Environment Protection Act? This post delves into the legal framework, judicial interpretations, and practical implications, drawing from statutes and court rulings. Note: This is general information, not specific legal advice—consult a qualified lawyer for your situation.

Legal Framework Governing the Fireworks Industry

India's fireworks sector is regulated by multiple laws, with the Environment (Protection) Act, 1986 (EPA) playing a pivotal role alongside the Explosives Act, 1884.

• Environment (Protection) Act, 1986: This overarching legislation addresses environmental pollution, including air and noise from fireworks. It empowers authorities to regulate polluting activities. Courts have held that fireworks-generated pollution falls under its scope 1999 0 Supreme(Cal) 594.
• Explosives Act, 1884: Specifically governs manufacture, storage, possession, sale, and transport of explosives, including fireworks. Licensing and safety standards are mandatory 2018 0 Supreme(Mad) 851.
• Noise Pollution (Regulation and Control) Rules, 2000: Framed under the EPA, these set noise limits for fireworks, confirming environmental oversight 1999 0 Supreme(Cal) 594.

Activities like manufacturing and use must comply with pollution controls to protect public health and the environment 1997 0 Supreme(Cal) 386.

Judicial Recognition: Fireworks as Environmental Pollutants

Indian courts have consistently affirmed EPA applicability to fireworks.

In a key ruling, the court upheld a ban on fireworks exceeding 90 dB(A), stating noise pollution from fireworks qualifies as air and environmental pollution under the EPA and Air (Prevention and Control of Pollution) Act, 1981 1999 0 Supreme(Cal) 594. The courts have recognized noise pollution from fireworks as falling within the definition of air pollution and environmental pollution under the relevant statutes 1999 0 Supreme(Cal) 594.

The Supreme Court reinforced this in another case, emphasizing Pollution Control Boards' authority to impose restrictions 1999 0 Supreme(Cal) 586. Restrictions are reasonable measures to protect public health 1997 0 Supreme(Cal) 386.

The National Green Tribunal (NGT) has also intervened. In a fireworks factory explosion case, it addressed environmental damage and violations under EPA rules, directing compensation and compliance

NEWS ITEM PUBLISHED IN HINDUSTAN TIMES DT 12.02.2021 TITLE 12 DEAD 36 INJURED AS FIRE BREAKS OUT IN FACTORY IN TAMIL NADU SIVAKASI VS .

NEWS ITEM PUBLISHED IN HINDUSTAN TIMES DT 12.02.2021 TITLE 12 DEAD 36 INJURED AS FIRE BREAKS OUT IN FACTORY IN TAMIL NADU SIVAKASI VS .

Regulations on Manufacturing, Sale, and Use

Fireworks operations face stringent rules:

• Licensing and Safety: Required under Explosives Act for handling 2018 0 Supreme(Mad) 851.
• Pollution Limits: Noise and air quality standards enforced via EPA and related rules 1999 0 Supreme(Cal) 594 1997 0 Supreme(Cal) 386.
• Hazardous Chemicals: Governed by Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 (MSIHC Rules) under EPA. Under the Environment (Protection) Act, 1986, Govt. of India has notified 'The Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 (MSIHC)' 2024 Supreme(Online)(NGT) 1981.

Bans on certain fireworks highlight enforcement. The Supreme Court upheld a ban on non-green firecrackers in Delhi-NCR, allowing only 'green crackers' to balance health, environment, and livelihoods. The court upheld the ban on non-green firecrackers in Delhi NCR to protect public health, permitting only controlled use of 'green crackers' while ensuring compliance with strict environmental regulations 2025 0 Supreme(SC) 1820.

NGT cases underscore safety lapses. In a Sivakasi explosion, it invoked EPA and Public Liability Insurance Act, 1991, awarding compensation 2025 Supreme(Online)(NGT) 1156. The Tribunal's power to take suo-motu action underscores its role in enforcing environmental compliance and public safety 2025 Supreme(Online)(NGT) 1156.

Further, CPCB is tasked with standards for fireworks metals, as Schedule VII of Environment (Protection) Rules, 1986, covers some but not all constituents 2017 0 Supreme(SC) 1002. Since there is a lack of clarity on the safety limits of various metals and constituents used in fireworks, a research study must be jointly carried out by the CPCB and the FDRC 2017 0 Supreme(SC) 1002.

Balancing Rights: Environment vs. Livelihoods

Courts weigh pollution against industry livelihoods. In challenges to bans, reliefs were granted for 'green crackers' during festivals, but strict implementation was mandated 2025 0 Supreme(SC) 1820. The balance between environmental protection, public health, and the livelihoods of those employed in the firecracker industry 2025 0 Supreme(SC) 1820.

A graded approach regulates sales in polluted areas like Delhi-NCR. A graded and balanced approach necessary for reducing and gradually eliminate air pollution in Delhi and the NCR and there is a need to regulate the availability and sale of fireworks 2017 7 Supreme 82. Directions include prohibiting strontium chromate and setting manufacturing standards 2017 7 Supreme 82.

NGT and High Court cases link factories to hazardous processes under EPA. Directions by Hon’ble National Green Tribunal – Status of Onsite and Offsite Action taken to bring the fireworks factory under hazardous process Industry

NEWS ITEM PUBLISHED IN HINDUSTAN TIMES DT 12.02.2021 TITLE 12 DEAD 36 INJURED AS FIRE BREAKS OUT IN FACTORY IN TAMIL NADU SIVAKASI VS .

Compliance Recommendations for the Industry

To avoid penalties:- Obtain licenses under Explosives Act and EPA consents.- Adhere to noise/air limits and use eco-friendly compositions.- Implement safety plans per MSIHC and EPPRP Rules 2021 0 Supreme(Jhk) 554.- Monitor NGT/CPCB directives on green crackers and bans.

Authorities enforce via inspections, as seen in cases quashing proceedings only where direct culpability lacked 2021 0 Supreme(Jhk) 554. There is nothing in complaint petition which suggest that petitioner has failed to discharge its obligation under provisions of Rule 7 and 10 of Rules 2021 0 Supreme(Jhk) 554.

Conclusion: Yes, Under EPA Purview

The fireworks industry generally falls under the Environment (Protection) Act, 1986, through pollution controls, hazardous rules, and judicial mandates. Combined with Explosives Act, it ensures safety and sustainability. As festivals approach, stakeholders should prioritize compliance to mitigate risks. Stay informed on evolving standards from CPCB and courts.

Key Takeaways:- Fireworks pollution is regulated under EPA 1999 0 Supreme(Cal) 594.- Green crackers and restrictions balance interests 2025 0 Supreme(SC) 1820.- Safety violations attract NGT scrutiny

NEWS ITEM PUBLISHED IN HINDUSTAN TIMES DT 12.02.2021 TITLE 12 DEAD 36 INJURED AS FIRE BREAKS OUT IN FACTORY IN TAMIL NADU SIVAKASI VS .

For tailored advice, reach out to legal experts.